Provocation
by Michael2
Summary: A U.S. Marine Corps gunnery sergeant is accused of assaulting a superior officer
1. Chapter 1

1825 ZULU

CAMP JOSEPH H. PENDLETON

SAN DIEGO COUNTY, CALIFORNIA

United States Marine Corps Corporal Lon Choi marches along in a column with the other Marines of this infantry battalion. This march was unexpected. They were supposed to do something else until a first lieutenant came by and rearranged their schedule.

Though Choi never served abroad, he knows that this battalion had served in Iraq last year. He had heard about their experiences from the senior enlistees, including Gunnery Sergeant Matthew Vinick, who was leading the march along with the lieutenant.

Suddenly, the march stops. The corporal wonders what is going on.

He sees the lieutenant lying down on his back, with Gunnery Sergeant Vinick standing above him.

Corporal Choi knows this is definitely not part of the schedule. 


	2. Chapter 2

2006 ZULU

JOINT FORCES LEGAL SERVICES CENTER

SAN DIEGO, CALIFORNIA

Four months.

United States Marine Corps Lieutenant Colonel Sarah Mackenzie looks at the date on the Silicon Graphics computer screen in her private office.

Four months from now, I'm going to be someone's wife, she thinks.

The commander of the Joint Forces Legal Services Center, which provides legal services for sailors and Marines stationed in the San Diego area, thinks about the events of nine months ago, the proposal, and the coin toss at McMurphy's.

She recalls what the deal was with the coin toss. The loser of the coin toss would have to resign by the day of the wedding.

Which is four months from now.

Her attention is brought back to the present time with a voice.

"Excuse me, ma'am," says a Marine gunnery sergeant with short black hair.

"What is it, Gunny?" asks the colonel.

"Ma'am, we got a report for an assault arrest at Camp Pendleton," says Gunnery Sergeant Victor Galindez. "He called us and asked for a lawyer."

"What were the circumstances?"

"I heard he punched out an officer during a march."

"I'll take care of this myself, Gunny," says Mac. "Dismissed."

"Aye aye, ma'am."

Mac walks out into the main office of the joint forces legal services center. The staff is composed of Navy and Marine Corps lawtyers and paralegals, with the sailors wearing dark blue coats, and the Marines dressed in their familiar olive-green like what Mac is wearing now.

"Ma'am," says one of the Navy lawyers, a lieutenant. "You want these reports yesterday?"

"Put them on my desk, Lieutenant," replies the colonel. "I've a client to see in Camp Pendleton."

"Yes, ma'am"  
ooooooooooooooooo

2045 ZULU

CAMP JOSEPH H. PENDLETON

SAN DIEGO COUNTY, CALIFORNIA

After driving her Corvette for thirty minutes on the northbound San Diego Freeway, Mac takes the exit leading to the gates of Camp Pendleton. She approaches the gate and the MP allows her in. Following the signs, she drives to a parking lot near the Camp Pendleton brig. 

The Marine lieutenant colonel steps out of the car and walks towards to the brig. The reception area is small, with a tiled floor. a Marine military police sergeant sits at the desk.

"Lieutenant Colonel Sarah Mackenzie," she says. "I am here to see Gunnery Sergeant Vinnick."

"I was informed you were coming here, ma'am," replies the sergeant. "Please sign here and turn in any weapons you have. No firearms are allowed past that door."

Mac takes a Bic ballpoint pen and signs on the sheet. She then turns in her personal firearm, a nine-millimeter Beretta pistol. Another MP escorts Mac into the hallway and into a small room.

"Colonel, this room is for attorneys to visit their clients," says the MP. "I will get the prisoner for you."

The MP leaves the room, which is decorated only by a table, two chairs, and a single incandescent bulb. Less than a minute later, the MP returns with a man in his mid-thirties, dressed in an orange jumpsuit. Short brown hair covers his head, while a thin moustache grows on his lower lip.

Mac introduces herself.

"That is a lot of brass for someone like me," says Gunnery Sergeant Matthew Vinnick.

"Your case does stand out, Gunnery Sergeant, which is why I took it myself," replies the colonel. "Besides, it shouldn't take too long to dispose of this case. Tell me exactly what happened."

"Well, ma'am, this morning I was to take the troops out to the rifle range for rifle practice. Then Lieutenant Barnaby came and told me we were doing a march."

"Lieutenant Barnaby?"

"First Lieutenant Simon Barnaby," replies Vinnick. "He was this new lieutenant. He has no combat experience, and a lot of arrogance. He led the march himself, and had me walking with the rest of the formation."

"Was there any reason for this interruption?"

"Colonel Marcos, the battalion commander, decided it would be a great idea to mix up the schedules a bit. I did understand his reasoning, ma'am. Listen, Lieutenant Barnaby has it in for me. He's been trying to undermine my authority."

"Okay, Gunnery Sergeant, why did you strike him?"

"Ma'am, I was awarded a Silver Star for my service in Iraq," says the gunnery sergeant. "i statted to get tired, and he had the nerve to say that maybe I should not have been awarded a Silver Star. He called my integrity into question, ma'am."

"Punching him in the nose certainly did not help any matters."

"I know."

"Let us see what you'll be facing here," says Mac. "At a minimum, you'll face Article 15 punishment. However, they will very likely decide to convene a court-martial. Assaulting an officer in front of your subordinates is damaging to discipline and good order. I'd convene a court-martial if someone under my command did just that."

"So what do we do, ma'am?" asks Gunnery Sergeant Vinnick.

"Hope that the commander will simply choose for nonjudicial punishment. If there is a court-martial, we make a deal with the prosecutor to allow you to stay in the Corps. I won't mince words with you, Gunnery Sergeant. You will be sentenced to confinement in the brig. However, we can still keep you from getting a punitive discharge."

"What about now?"

"I'm sure your CO will release you from custody pending disciplinary action. I'll go have a talk with him."

"Get to it, ma'am," says the gunnery sergeant.

ooooooooooooooo

2107 ZULU

143RD BATTALION HEADQUARTERS

CAMP PENDLETON

Mac enters the commanding officer's office. It is a large office with a steel desk and Hon file cabinets in the back. The blinds are up, allowing a view of the outside towards open fields. A Marine Corps recruitment poster hangs on the right side. On the left side is a famed photographs with Marines dressed in desert-style BDUs.

Behind the desk sits a man with short jet-black hair. He wears a BDU with woodland camflauge. His rank markings on his collar indicate that he is a lieutenant colonel.

"Hello there," says the lieutenant colonel. "You are Gunnery Sergeant Vinnick's attorney, right?"

"Yes, Lieutenant Colonel Sarah Mackenzie," says Mac.

"Lieutenant Colonel Francisco Marcos."

"I would like to know what you will do with Gunnery Sergeant Vinnick. Will you keep him in custody?"

"I will release him tomorrow morning," says Marcos. "I don't think he's a flight risk. As for punishment, I am going to convene a special court-martial."

"I see, Colonel," says Mac.

"The gunnery sergeant assaulted an officer in front of his own subordinates. Such a thing demands a court-martial. I spoke with my staff judge advocate. We will have to get a prosecutor for this. I'll request one up the chain of command."

"You can't have anyone under your command serve as prosecutor?"

"My staff judge advocate will be reviewing the trial. He can't serve as prosecutor. I don't have a full-service legal staff."

"I'm sure we'll speak again soon, Colonel."

Mac then leaves the small private office.

ooooooooooo

DAY 2

0418 ZULU

MAC'S APARTMENT

SAN DIEGO, CALIFORNIA

After dinner in her apartment in the Mission Beach neighborhood of San Diego, Mac walks to her bedroom and turns on the Power Macintosh G4 sitting on a wooden desk. She opens the Netscape Navigator program and checks her electronic mail. She smiles upon reading the author heading of one of the e-mail messages.

She glances over at a framed photograph. The image of the photograph is of a man with short black hair. He is dressed in a United States Navy dress uniform.

The picture is none other than that of United States Navy Captain Harmon Rabb, Jr., force judge advocate for U.S. Naval forces, Europe, and her fiance.

Sher reads the latest e-mail from Harm, as she and his friends call him. The e-mail is mostly about trivial stuff, nothing really exciting has happened. There is a brief mention of Mattie, a sixteen-year-old girl who is Harm's ward.

These days communications between Mac and Harm are mostly confined to e-mail, due to the eight hour difference between San Diego and London.

"Four more months," says the Marine colonel, as she hits the reply button. "Just four more months and we'll be living together."

If only those four months could be over faster, she thinks.

oooooooooooo

1258 ZULU

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

A black Isuzu Rodeo is parked at one of the parking spaces at the headquarters of the United States Navy's Judge Advocate General. The driver's side door opens and a dress shoe makes contact with the asphalt.

The man stepping out of the car is dressed in an olive-green Marine dress uniform with an olive-green winter coat over it. A garrison cap covers his head snugly.

The man, a captain in the United States Marine Corps, closes the door of his Isuzu and walks towards the building to report for duty. He walks inside the building, the interior considerably warmer than the cold February air outside. He greets several JAG lawyers as he walks towards the main office.

The Marine captain enters the main office, a large room with several desks contained within cubicles. Private offices serving senior officers are adjoined to the main office.

Navy and Marine lawyers are all gathered in the center of the main office. Among them is a man in his late forties with close-cut salt-and-pepper hair. He is dressed in an olive-green Marine dress uniform. The two stars on his shoulders indicate that he is a major general.

"Captain Carlos Bullrider reporting for duty, sir," says the Marine captain, saluting.

The general returns the salute. "Welcome back, Captain," replies Major General Gordon M. Cresswell, who is the Judge Advocate General of the Department of the Navy. First of all, we arew all glad you made a full recovery."

"I guess I'm lucky, sir."

"Captain Bullrider, in recognition of your actions in Iraq, you are hereby awarded the Silver Star." Cresswell hands Bullrider a silver medal shaped like a star.

"It is an honor, sir."

"In my office, Bullrider."

The captain enters the general's private office. It is a large room, with the floor covered with a carpet. Ther centerpiece of the room is a huge wooden desk. A bookcase and a television set decorates the left wall.

"How are you feeling, Captain?" asks Cresswell.

"Fine, sir," replies Bullrider.

"You're being shipped out again," says the general. "A Gunnery Sergeant Matthew Vinnick stationed in Camp Pendleton is accused of punching out a superior officer during a march. The camp's legal staff is stretched thin as it is, so they requested a judge advocate to prosecute the case. You will serve as prosecutor in a special court-martial. I will make all flight arrangements. You should be leaving by 1200."

"I'll find out as much as I can before I leave."

"Your first order of business is to get an appropriate ribbon now that you have been awarded a Silver Star. Then go make preparations. It's a long flight to San Diego. Dismissed, Captain."

"Aye aye, sir."

oooooooooooooo

2240 ZULU

JOINT FORCES LEGAL SERVICES CENTER

Captain Bullrider arrives at the Joint Forces Legal Services Center in San Diego, parking the Ford Crown Victoria in a visitor parking space. He had spent six hours on a flight from Virginia to California, placing his duffel bag in his guest quarters in Camp Pendleton, and then making an appointment to visit Colonel Mackenzie and Gunnery Sergeant Vinnick right in these offices. He opens a glass door and speaks to the receptionist, a Navy petty officer third class.

"I'm here to see Colonel Mackenzie," he says. "Captain Carlos Bullrider.

The receptionist picks up the phone and makes a call.

"She's on her way here, sir."

Bullrider then sees a woman with short reddish-brown hair come from the hallway. She is dressed in an olive-green Marine dress uniform. Silver oak leaf pins on her shoulders indicate that she is a lieutenant colonel. The captain recognizes her, for she had showed him around JAG Headquarters about nine months ago.

"Captain Bullrider," says Mac. "It has been a long time. Have you adjusted?"

"Yes, ma'am," replies Bullrider.

The colonel looks at his ribbons. "I see you got a Purple Heart.:"

"Two months ago I was sent to Iraq to conduct an investigation with Commander Turner. I was caught in an ambush. I was awarded a Silver Star along with the Purple Heart. Anyway, how is your engagement with Captain Rabb?"

"You heard about it?"

"It happened just after I was assigned there. I even heard about the coin toss at McMurphy's."

"The wedding will be in four months."

"Well, ma'am, everything gonna change."

"How about you meet the defendant? He's in my office."

The colonel leads the captain through a hallway and into the main office, which looks typical with desks occupying cubicles. She takes him into a small private office, complete with a steel desk, Hon filing cabinets, and a Dell personal computer on top of the desk. A Marine Corps recruitment poster hangs on the wall, the same one that deocrated Mac's office back when she was assigned to JAG Headquarters.

Inside the office a gunnery sergeant in dress uniform sits down.

"This is Gunnery Sergeant Matthew Vinnick," says Mac.

"Captain Carlos Bullrider," says Bullrider. "I'm going to be the prosecutor in your court-martial."

"Is there anything you have to say, sir?" asks Vinnick.

"Let's not waste our time here, Gunnery Sergeant. Over three dozen witnesses saw you deck that lieutenant. I also understand that you were awarded a Silver Star for your combat actions in Iraq. So let me make you a deal. Plead guilty, serve two months in the brig, get bumped down to staff sergeant, and you can then serve out the rest of your enlistment. No bad conduct discharge. If you do this, we can all move on by tomorrow."

"I can not accept that offer, sir," says the gunnery sergeant.

"Vinnick," says Mac. "This is a good offer. Take it."

"Respectfully, ma'am, I can not. Lieutenant Barnaby is an arrogant fool. If he is ever put in charge of Marines in Iraq or Afghanistan or any other place, his leadership will get them killed."

"Lieutenant Barnaby's not on trial, you are. It's not your place to make that kind of judgment!"

"If you decide to plead not guilty," says Bullrider, "I will seek the maximum sentence. You can spend up to a year in the brig and a bad conduct discharge."

"Sir, Lieutenant Barnaby has to be exposed," says Vinnick.

"We have nothing else to say, apparently," says Mac.

"I'll see you both in court," says Bullrider.

He steps out into the main office. Gunnery Sergeant Galindez stops and srtrands at attention.

"Sir," he says.

"I'm on my way out, Gunnery Sergeant," says Bullrider. "As you were."

"Aye aye, sir." 


	3. Chapter 3

2315 ZULU

CAMP JOSEPH H. PENDLETON

SAN DIEGO COUNTY, CALIFORNIA

Captain Carlos Bullrider pulls the rental Ford Crown Victoria into the parking lot near the base housing. He steps out of the car and walks towardfs his guest quarters, taking out his Nokia cellular phone to check for any messages he might have received as he was driving north on San Diego Freeway. He listens to one message and dials the number.

"Hello?" asks a male voice.

"Dad, it's me, Carlos," says the captain. "How are you doing?"

"You feeling all right?"

"I just got back on duty. Anyway, I was shipped out again."

"Back in Iraq?" asks his father.

"No, no," replies Bullrider. "I'm here in Camp Pendleton."

"That's not far from where your mother and I are. We're at the ranch."

"I was sent here to prosecute the case."

"You gonna take some time to pay us a visit?"

"Uh sure. I'm busy tonight, but maybe tomorrow, after my court appearance."

"See you later, Carlos."

ooooooooooooo

DAY 3

1737 ZULU

CAMP JOSEPH H. PENDLETON

The arraignment for the special court-martial is held inside a courtroom in Camp Pendleton. Military police keep order. Gunnery Sergeant Matthew Vinnick sits at the wooden table on the left side of the room, accompanied by his defense attorney, Lieutenant Colonel Sarah Mackenzie.

A Marine lieutenant colonel dressed in an olive-green dress uniform walks up to the judge's bench. Behind him is the seal of the United States Marine Corps.

"Gunnery Sergeant Matthew Vinick, you have been charged with one count of violating Article 90, assaulting a superior commissioned officer," says the judge. "How do you plead?"

"Not guilty," replies Vinick.

"Jury selection shall begin immediately. I shall state under oath that I have no connection to this case, and I am not acquainted with either the defendant or the accuser."

ooooooooooooooooo

1907 ZULU

After questioning is done by both trial and defense counsel, the three Marine officers to serve in the special court-martial are sworn in. They take the oath to be officers of the court.

oooooooooooo

2256 ZULU

JOINT FORCES LEGAL SERVICES CENTER

SAN DIEGO, CALIFORNIA

"Thank you, Gunny," says Mac as she receives reports from Gunnery Sergeant Victor Galindez.

"Is there anything else, ma'am?" asks the gunnery sergeant.

"Yes, there is," replies the colonel. "I don't understand why Gunnery Sergeant Vinnick wants this to go to trial. I mean, he takes Captain Bullrider's offer, serves some time in the brig, and then serves the rest of his enlistment. Instead, he pleads not guilty and the prosecution will be seeking the maximum penalty- one year confinement and a bad conduct discharge."

"And what did Gunnery Sergeant Vinnick say about it, ma'am?" Galindez remembers whom his commanding officer was talking about. "I guess I shouldn't ask that."

"You can ask, Gunny, but I won't answer. However, I can say that he has a problem with that officer he assaulted."

"I can understand. There are some junior officers who think that their rank makes them more important than senior noncoms."

"Do you think that justifies striking a superior officer?" asks Mac.

"Of course not, ma'am," replies Galindez.

"You are right about there being junior officers who have contempt for career enlisted men," says Mac.

"Is there anything else you want to discuss, ma'am?"

The colonel thinks ahead four months to her impending wedding. "Not at the moment, Gunny. Dismissed."

"Aye aye, ma'am."

ooooooooooooooo

DAY 4

0045 ZULU

PALA INDIAN RESERVATION

The ranch in the Pala Indian Reservation, in the hills east of Oceanside, covers just over a thousand acres, mpost of it rolling hills. It has a ranch house, a swimming pool enclosed in the back, a barn, a stable, and a garage.

Captain Carlos Bullrider walks towards the one-story ranch house. Here, he is just Carlos. The ranch belongs to his grandmother.

He approaches the front door of the house, which opens into a living room with sofas and a huge brick fireplace. Two magazines sit on the glass surface of the coffee table in the center.

A woman dressed in jeans and a sweater is in the room. Tightly-curled black hair covers her head, a broad nose sits below her eyes , and thick lips frame her mouth.

"Carlos," says the woman. "How are you doing?"

"Fine, Mom," replies Carlos. "Are Dad and Grandma here?"

"Yes, they're in the den."

"How long are you in for vacation?"

"Two weeks. Anyway, it's good to see you back on your feet."

ooooooooooooooooo

0217 ZULU

Dinner, which is roasted chicken, is served at the dining table. The chicken had been raised right here at the ranch.

A man, with salt-and-pepper hair and a triangular nose stikcing from his face, cuts a piece of chicken with a knife and a fork. "So, Carlos," he asks, "what was it that got you a Silver Star."

"I don't know if I should brag about it, Dad," replies Carlos.

"At least tell me," says this old lady with white hair.

"All right, Grandma," replies the Marine captain. "I was over in Iraq conducting an investigation. As I was heading out of Basra, I got caught in an ambush. I picked up a rifle and fought them until help arrived. I didn't even know I was wounded until I saw my hand covered in blood."

"And that was when they took you to the medic," says his mother.

"Yeah, well, how about we talk about something else. What are you going to do?"

"Maybe we could visit Sea World," says his father. "Or have drinks in San Diego's gaslamp district. Play some cards at the Pala casino. Maybe even pay a visit to Camp Pendleton; there're some good deals at the commisary.

"How was it like in the hospital?" asks his grandma.

"It was okay," replies Carlos. "Just took it one day at a time. It's all I could do, really. How are things going here in the ranch?"

"Oh they're fine. Spring planting is coming up. Thunderbolt's still healthy as ever."

"Oh, there is one thing," says Carlos. "Did you bring your uniform with you, Dad?"

"Of course," replies his father.

"I intend to call you as an expert witness in the case I'm prosecuting. Better make sure your uniform's pressed."

oooooooooooooooo

1715 ZULU

CAMP JOSEPH H. PENDLETON

"What could the government possibly want with this new witness?" asks Mac, standing in the judge's chambers, a small room with a steel desk and some Hon filing cabinets.

"This man has almost forty years experience in the U.S. Marine Corps," replies Captain Bullrider. "He was awarded a Medal of Honor, flew spacecraft, and today is commander of all U.S. forces in the Pacific. I am having him testify as an expert witness about the importance of discipline in the Marine Corps. It is my intention to introduce that as ana ggravating factor when determining sentencing."

"I'll allow the witness in," replies the judge. "I am aware of his reputation- one of the few Vietnam veterans left in the Corps and a space shuttle pilot to boot. And Colonel Mackenzie, you are calling witnesses to testify about the defendant's military record to introduce mitigating circumstances. It is only fair that Captain Bullrider be permitted to introduce aggravating circmstances."

ooooooooooo

1740 ZULU

"The government calls Simon Barnaby to the stand," says Bullrider.

A man in his late twenties, dressed in the olive-green Marine dress uniform, arises, walks over to the witness seat and sits then. He is sworn in.

"For the record, please statew your rank and post in the Marines," says Bullrider.

"I am a first lieutenant," replies Barnaby. "I am assigned to Company Delta of the 143rd Battalion."

"And how long have you been in the Corps, Lieutenant?"

"Five years, sir. I was promoted to first lieutenant back in November."

"Lieutenant barnaby, tell this court what happened on Tuesday."

"Yes, sir," replies the lieutenant. "Delata Company was scheduled for practice on the firing range. I spoke with Gunnery Sergeant Vinnick and informed them that I would be leading a march."

"Why would you do that, Lieutenant? Did you have the proper authority?"

"I was following a directive by Colonel Marcos. Battalion headquarters reviews the duty rosters, and sometimes revises them without notice."

"Why would the colonel come up with this idea?"

"It wasn't his idea, sir. It was Master Gunnery Sergeant Crow's idea. I spoke with him an he told me that it was necessary to mix up schedules every now and then because of their experiences in Iraq."

"Were you there, Lieutenant?"

"No, sir. I joined the 143rd after they came back from Iraq."

"Tell us what happened during the march."

"I was leading the march," says Lieutenant Barnaby. "I was yelling at the troops, telling them to move it. I then got into some disagreement with the gunnery sergeant."

"What was it about, Lieutenant?"

"I don't remember, sir. I do remember he hit me hard enough to knock me to the ground. I reported this to the MP's and they took him to the brig where he spent the night."

"No further questions," says Bullrider.

"Your witness, Colonel," says the judge.

"Lieutenant Barnaby, what did you say to Gunnery Sergeant Vinnick to provoke him?" asks Mac.

"That's not important, ma'am," replies Barnaby. " He had no excuse to hit me."

"Answer the question, Lieutenant," says the judge.

"Yes, sir. I'm not sure. I was telling him to move it like the other troops."

"Did you say anything about his service in Iraq?" asks Mac.

"I...I'm not sure really."

"Did you ask out loud why the Marines even gave him a Silver Star?"

"I can't recall, ma'am."

"No further questions," says Mac.

"Redirect, your Honor," says Bullrider.

"Gio ahead," says the judge.

"Lieutenant Barnaby, did you threaten Gunnery Sergeant Vinnick's life?"

"No, sir," replies the lieutenant.

"Did you threaten physical harm on him, his family, or the men under his command?"

"No, sir."

"No further questions," says the captain.

"Witness may step down."

"The government calls Thomas Bullrider to the stand," says Bullrider.

Thomas Bullrider walks to the witness stand, a garrsion cap covering his salt-and-peer hair, a olvie-green Marine Dress uniform covering his body, with four silver stars on the shoulders and collar. He is sworn in.

"State your rank and post for the record," says Captain Bullrider.

"I am a general in the United States Marine Corps and commander of the U.S. Pacific Command," replies the witness.

"Sir, please summarize your career."

"After grsduating from the Naval Academy in Annapolis, I became a Marine avaiator and flew F-4 Phantoms," replies General Bullrider. "I was sent to Vietnam where I hunted North Vietnamese MiGs. During a mission in 1969, I was shot down over North Vietnam. I spent thirty days heading south, managing to avoid the NVA. I then came across a SEAL team just returning from some mission. I don;t know what it was, but I accompanied them to the extraction point. That was when we were all ambushed. I did what I could to hold them off, even after two of the SEALs went down. The firefight went on for a very long time. When the helicopter came, I provided cover fire for the SEALs, drawing away fire for them to get on board. I was the last one on. It was for that action, Captain, that I was awarded the Congressional Medal of Honor as you can see on my uniform here. I continued my career in Marine aviatrion, and I even did a stint of futy as a spacecraft pilot for NASA. During the Gulf War I flew F-14's into combat as a colonel. I got my first star in '94, and I got my last one three years ago."

"General, in your opinion, how important is discipline?"

"Very important. My experience in Vietnam shows how very important it is. As a combat pilot, my life was placed in the hands of the air traffic controllers who directed traffic and the mechanics who kept my plane in shape. I relied on my wingmen to keep the enemy off my six even as I did the same for them. And when I did my stint as an astronaut, discipline was required to survive, to return to Earth safely."

"And would striking a superior officer in front of subrodinates be damaging to good order and discipline?"

"Definitely," replies the general. "It shows the utmost contempt for the chain of command. This is especially true when you have people who rely on you to lead them. To lash out like that is negative leadership."

"No further questions," says Captain Bullrider.

"Your witness," says the judge.

"General Bullrider," says Mac, "is it damaging to discipline to bad-mouth a subordinate sergeant in front of those he is supposed to lead?"

"Objection," says Captain Bullrider.

"I'll answer that," says General Bullrider. "Yes, it would be damaging."

"And it would be damaging to good order and discpline to question out loud, in front of subordinates, whether a Marine desrrved a silver star?" asks the colonel.

"Objection," says Captain Bullrider.

"Let me answer," says the general. "It definitely would. If I have a problem with a subordinate officer, I take the officer aside for a private discussion. Subordinates are not to judge superior officers, that is what other superior officers are for."

"No further questions," says Mac.

"The government rests its case," says Captain Bullrider.

"The defense can start its case later today, your Honor," says Mac. "All of the defense witnesses are here at Camp Pendleton."

"Very well then," says the judge. "Court will reconvene at 1300."

He bangs the gavel.

oooooooooo

2102 ZULU

"Colonel Marcos," says Mac, "How long have you known Gunnery Sergeant Vinnick.

"For three years, Colonel Mackenzie," replies Lieutenant Colonel Francisco Marcos.

"How would you rate his performance, notwithstanding the criminal charge against him?"

"He's an excellent Marine, willing to put the mission and his subordinates before himself, without hesitation."

"Colonel, please desribe the actions leading to Gunnery Sergerant Vinnick earning a Silver Star."

"We were in Falluja," replies the colonel. "We came under heavy fire. Ther enemy had us pinned down with a machine gun. The gunnery sergeant here snuck up to the machine gunner and stabbed him in throat with a bayonet. He most likely saved our lives. that was why he was awarded the Silver Star."

"Would you have Gunnery Sergeant Matthew Vinnick serving alongside you in a firefight?"

"Wihtout hesitation," replies Marcos.

"No further questions."

"Colonel, how do you feel abouty Gunnery Sergeant Vinnick assaulting a superior officer in front of his men?" asks Captain Bullrider.

"Angry," replies Colonel Marcos. "Disappointed."

"He should be punished, right sir?"

"That's why I convened this court-martial."

"Should he be confined for up to one year and receive a bad-conduct discharge?"

"That is for this honorable court to decide."

"That is the maximum punishment this court can impose, sir. So would such a sentence be just?"

"It could be, under the right circumstances," says Marcos.

"No further questions."

ooooooooooooo

2125 ZULU

"I was in Falluja when it happened," says a staff sergeant. "I was wounded. If the gunny didn't take out that machine gunner, I would have bled to death."

oooooooooo

2158 ZULU

"I wasn't in Iraq with the gunny," says a private first class. "But he is always willing to go out of his way for us. There is no one else I would be in a firefight with."

oooooooooooooo

2216 ZULU

"The defense rests its case, your Honor," says Mac after her last witness, a Marine gunnery sergeant, leaves the courtroom.

"We'll reconvene Monday," says the judge.

"Are you going for a rebuttal case, Bullrider?" asks Mac.

"I don't know, ma'am," replies the captain. "I suppose I can fly back to Virginia on Monday."

oooooooooooo

DAY 5

0325 ZULU

MANCHESTER GRAND HYATT

ONE MARKET PLACE

SAN DIEGO, CALIFORNIA

Dressed in a black evening dress instead of her Marine dress uniform, Mac goes to Sally's Seafood on the Water in the Manchester Grand Hyatt, a classy hotel next to the shoreline in downtown San Diego. The restaurant, true to its name, serves seafood ands is located at the exterior of the building, right next to the water. A dark sky is right above, and outdoor lamps provide light for the diners.

She walks to the hostess and tells her some guests are expecting her. The hostess guides her to a table.

Sitting there are two older men. One of them, dressed in slacks and a sport coat, is her Uncle Matt.

the other man, dressed in a three-piece suit, is Frank Burnett, her fiance's stepfather.

"Sarah," says Matt. "Glad you can make it."

"Good evening, Uncle Matt," replies the Marine lieutenant colonel. "Frank, how are you feeling?"

"As well as can be expected," replies Frank Burnett.

"Four months," says Mac. "Four months until you give me away."

"It would be an honor to gice my niece away to the man she loves," replies her uncle. "And visiting D.C. would be great."

"Let's look at the menu to find out what we should eat, shall we?" asks Frank Burnett.

Soon the waitress arrives, and the three of them order food, with mac ordering the signature seafood paella. While waiting for dinner to be served and then eating the dinner, the three of them talk about various subjects from their personal lives to careers and sports.

"So you're saying that even though that gunnery sergeant decked that officer in front of dozens of witnesses, he insisted on going to trial?" asks Frank.

"Definitely," replies Mac.

"I guess some people are just too stubborn," replies Matt. "I've known quite a few myself, including someone sitting right here."

"Are you calling me stubborn?" asks Frank.

"You still miss Trish?" asks Mac.

"Of course I do, Sarah," replies Frank, thinking of his late wife - Harm's mother. A touch of sadness bubbles up in his mind. "Ever considered paying her a visit?"

"No, not really. Maybe when Harm comes to visit me here next time."

"I've been through this once before, Sarah," says Frank. "I still drop flowers at my first wife's grave every now and then. Sometimes I can still remember her passing, even though it was almost thirty years ago."

Memories of Trish's funeral spring in Mac's mind. "Was that a sore subject to bring up, Frank?' asks Sarah.

"A little bit, but I don't mind," replies Frank. "I would be honored to tell Trish's grandchildren about their grandmother."

"I guess," replies Mac, thinking about that time, almost two years ago, when she heard the news from the doctor.

The subject is quickly changed to something much less depressing. About an hour later dinner is inside their stomachs and the bill is paid.

ooooooooooooo

0806 ZULU

SAN CLEMENTE, CALIFORNIA

First Lieutenant Simon Barnaby is in one of his favorite hangouts, a bar in San Clemente. The bar is a hot spot for Marines from Camp Pendleton. He and his friends have quite a bit to drink. Heavy meta;l is played by a jukebox, and the sounds of pool bvalls striking each other can be heard all around.

"Hey buddy," says the bartender, a retired sergeant major, "you're gonna call a cab, right."

"Of course I am," replies Barnaby, dressed ina sweater and jeans.

"You definitely don;'t want to be court-martialed for drunk driving- or mansluaghter."

The lieutenant and his buddies, other junior officers from the 143rd continue drinking and striking up some conversatiin with some of the ladies.

Pretty soon they find themselves in an outdoor section where smoking is allowed.

"How about we call a cab and go to my place or find a motel room?" asks Barnaby.

"We..we shouldn;t," says this dark-haired lady in her mid-twenties. "You're an officer and I'm enlisted. We shouldn't fraternize."

"Nobody has to know, babe. Right here, rank don't matter. Besides, I saw the way you're looking at me."

"We shouldn't, Lieutenant," replies the woman.

"Simon says you should." He grabs her waist and kisses her. He then starts putting his hands up her short skirt.

He suddenly finds himself down on the concrete, pushed.

"You bitch!" he yells.

"Let her go, Simon," says one of his friends, a second lieutenant. "We don't want the MP's to pick you up from jail."

"I'll get even with that bitch," he says.

Unknown to him, someone else is watching him. 


	4. Chapter 4

DAY 7

1705 ZULU

CAMP JOSEPH H. PENDLETON

SAN DIEGO COUNTY, CALIFORNIA

"The government will begin its rebuttal case," says Captain Carlos Bullrider.

"Do you have any witnesses for your rebuttal case, counselor?" asks the judge.

"My witness will be First Lieutenant Simon Barnaby, sir."

"What will you be trying to prove?"

"Your Honor, I will be asking him his opinion about how the assault undermined discipline."

"Counselor, you had General Bullrider testify about that."

"Yes, sir," replies the captain. "I just want another opinion for my rebuttal case."

"The defense has no objection," says Lieutenant Colonel Sarah Mackenzie.

"If defense counsel has no objection," says the judge, "Neither do I. I shall send someone to fetch Lieutenant Barnaby."

oooooooooo

1726 ZULU

"I remind you, Lieutenant, that you are still under oath," says the judge.

"Yes, sir," replies First Lieutenant Simon Barnaby.

"Lieutenant Barnaby," says Captain Bullrider, "tell this court your opinion on the importance of discipline in the Marine Corps."

"Well, sir, Marines are sent off to battle," replies the lieutenant. "We only need to hear about what is going on in Iraq to know that discipline is needed to stay alive. I myself may very well lead Marines into battle someday."

"And where did you learn about discipline?"

"Platoon Leaders Class, sir. That was how I was commissioned. That was how Lieutenant Colonel Marcos was commissioned, if I remember correctly."

"Lieutenant Barnaby, in your opinion, does assaulting a superior officer damage discipline?"

"Yes, sir."

"Why is that, Lieutenant?"

"It shows contempt for the command strructure, sir. It shows contempt for the people responsible for you and those under you."

"I have no further questions for this witness," says Bullrider.

"Your witness, Colonel Mackenzie," says the judge.

Mac has a small smirk on her face. "You seem to think discipline is important, Lieutenant," says the colonel.

"Yes, ma'am."

"So, in your opinion, would it not be damaging to good order and discpline to feel up a female sergeant in a bar in San Clemente?"

"Excuse me, ma'am?"

"Let me ask you again, Lieutenant. Did you damage good order and discipline when you made advances on a female Marine sergeant in a bar in San Clemente, kissing her without being asked, and then continuing after she asked you to stop?"

"I don't know where you heard that, ma'am," the lieutenant answers nervously.

"And what about that march last week?" asks Mac. "You told Gunnery Sergeant Vinnick that he couldn't keep up with you."

"Colonel, I was just trying to get him and the others to catch up."

"You openly asked how he could have served in combat in Iraq. You even said that the Marines probably made a mistake in awarding that Silver Star. You denigrated the service of a Marine who served honorably in combat, who, under fire, took down an enemy machine gunner, and saved lives. You, whose own record shows absolutely no combat or hazardous duty service. So tell me, was that damaging to good order and discpline?"

"What the hell would a shyster like you know about combat?" barks Barnaby.

"That is Colonel Shyster to you, Lieutenant," replies Mac. "No further questions."

Everyone in the courtroom looks and murmurs, even the major and two captains serving as the special court-martial's jury.

"Lieuternant Barnaby," says the judge, "your outburst will be reported to your commanding officer to deal with as he sees fit. You are excused."

First Lieutenant Simon Barnaby can not leave this courtroom fast enough. Gunnery Sergeant Matthew Vinnick grins widely.

"Government requests a one hour recess," says Bullrider.

"Defense has no objection," says Mac.

"We'll recess for one hour," says the judge.

"Excuse me, Gunny," says the Marine captain. "Are you willing to consider a deal?"

oooooooooo

1840 ZULU

"Gunnery Sergeant Vinnick, you understand the terms of the plea?" asks the judge.

"Yes, sir," replies Vinnick.

"You understand that you will plead guilty and that you will be reduced to staff sergeant and confined to brig for thirty days and receive no further punishment."

"Yes, sir."

"Do you agree to the terms, Gunnery Sergeant?"

"Yes, sir."

"The record will show that Gunnery Sergeant Matthew Vinnick has accepted the terms of the offer by the government," says the judge.

"I plead guilty to the charge and specification of Article 90," says Vinnick.

"You are hereby sentenced to be reduced in rank to staff sergeant, and to be confined to the brig for a period of no more than thirty days," says the judge. "Gunnery Sergeant Matthew Vinnick, your conduct last week was utterly inexcusable and reprehensible. However, your entire service in the Corps does not have to be defined by that one incident. If you successfully complete your sentence, there is no reason you can not go back to active duty and continue to serve honorably in the United States Marine Corps. Sentence is to begin immediately; the defendant shall be immediately escorted to the Camp Pendleton brig."

A Marine military police corporal cuffs Vinnick's hands behind his back.

"It could have been worse," says Vinnick.

"Thirty days isn't that long, Staff Sergeant," replies Mac.

"I should get new stripes, ma'am. For when I get out."

Vinnick is escorted out of the courtroom.

"This was an interesting case, ma'am," says Captain Bullrider.

"You did pretty well, Captain," replies Mac. "Especiaslly about finding out about Lieutenant Barnaby."

"My duty was to get to the truth, ma'am. Well, now that this is over, my duty is to hop on the next plane back to Virginia."

"Take care, Captain."

"Yes, ma'am."

ooooooooooooooooo

1847 ZULU

Just outside the building where the courtroom is located, Captain Bullrider pulls out his Nokia cellular telephone and dials.

"Hi there, it's me, Carlos," he says.

"Hi, Carlos," says a female voice.

"Where are you, Rosalie?"

"Doing some grocery shopping. A nurse has to eat, you know."

"A nurse also has to watch ehr diet. You don't want to swell up like the Goodyear blimp. You have the day off?"

"Today my shift is from 1700 to 0200 tomorrow. I'd better get some sleep."

"I'm flying back east today. I'll probably arrive this evening."

"Is anyone gonna pick you up?"

"I'll call Greg and ask him."

"Maybe we can get together the day after you come back."

"Unless the general sends me off somewhere," replies the captain. "I'll see you later, first chance I get."

ooooooooooooo

DAY 8

0345 ZULU

MAC'S APARTMENT

SAN DIEGO, CALIFORNIA

After dinner, Mac once again turns on her Power Macintosh G4 and opens the Netscape Navigator program to check her e-mail. Looking at the list of messages, half of them spam messages advertising things from mortgage loans to pornographic websites, she sees no messages from Harm.

She clicks a button to compose a new e-mail message. She types about the unusual court case she had - unusual by the experiences of most lawyers, but not as far as she and her fiance are concerned.

She smiles. Four months is not such a long time after all. 


End file.
